[HISTORY: Adopted by the Mayor and Council of the Borough of Emerson 12-16-2003 by Ord. No. 1250. Amendments noted where applicable.]
The Mayor and Council of the Borough of Emerson deems it vital to the public interest to continue the operation of the Emerson Volunteer Ambulance Corps, Inc., and the services which it renders to the residents of the Borough of Emerson and the benefits it provides for the general health, safety and welfare of the community.
The Ambulance Corps shall respond to emergencies and when called upon render ambulance and first aid service in accordance with this chapter and all applicable federal and state statutes, rules and regulations and in accordance with all bylaws and regulations established by the Ambulance Corps, as permitted hereunder.
The Emerson Volunteer Ambulance Corps, referred to herein as the "Ambulance Corps", which has previously been established and created to provide emergency services within the territorial limits of the Borough of Emerson, shall continue operating, and all bylaws and regulations adopted by the Ambulance Corps or the Emerson Mayor and Council previously shall remain in full force and effect, unless amended, modified or contradicted by this chapter.
The interim First Aid and Emergency Services Commissioner, who has previously been appointed by the Emerson Mayor and Council to act at their direction until such time as the Ambulance Corps has been reorganized pursuant to the requirements of this chapter shall, as soon as practical after the adoption of this chapter arrange for the conduct of an election for new officers, all in accordance with the requirements of this chapter.
Any individual who has been a member in good standing of the Corps during the five-year period prior to the adoption of this chapter shall be permitted to vote in said election. At least 10 days prior to said election, the Corps shall make a good faith effort to send a notice of said election indicating the place and time to any individuals who have at any time during the prior five-year period been a member in good standing of the Corps.
[Amended 4-27-2004 by Ord. No. 1261]
At least five days prior to said election, any individual seeking the position of an officer shall provide his or her name to the interim Commissioner. All names presented shall be on the ballot, and the winner shall be the individual receiving the most votes. In the event of a tie, there shall be a runoff election between the individuals who have tied, said election to take place at a time and place set by the interim Commissioner.
The Mayor shall appoint a committee, referred to as the "Ambulance Committee," consisting of the Council Liaison to the Ambulance Corps, the Assistant Council Liaison to the Ambulance Corps and the Mayor. The Liaison to the Ambulance Corps shall act as a liaison between the Ambulance Corps and the Mayor and Council and shall perform any duty and exercise any powers given to him or her by the terms of the chapter. The Ambulance Corps and its members and officers shall be responsible to report to the Ambulance Committee all of their activities and provide any information requested by the Ambulance Committee.
The Emerson Mayor and Council shall provide to the Ambulance Corps certain rescue apparatus, equipment and the use of certain facilities. It shall be the responsibility of the Ambulance Corps to maintain this equipment, apparatus and facilities to the extent directed to do so by the Emerson Mayor and Council, and the Ambulance Corps shall provide periodic reports to the Emerson Mayor and Council regarding these apparatus, equipment and facilities. Continued use of this equipment, apparatus and facilities shall be within the sole discretion of the Emerson Mayor and Council and shall only continue for as long as the Emerson Mayor and Council believe that said equipment, apparatus and facilities is being used properly and in accordance with the requirements of this chapter.
[Amended 12-3-2013 by Ord. No. 1469]
All members must fulfill the membership requirements as established in the constitution and bylaws of the Ambulance Corps, successfully complete a police background check and must meet all of the qualifications and requirements established by this chapter.
Where an applicant has been rejected by the Corps, the applicant can appeal to the Ambulance Committee within 10 days of said rejection, and when the Committee concludes after an appropriate hearing that the rejection was arbitrary, capricious or unreasonable, the Committee may direct that the application be accepted.
All new members must be approved by the Emerson Mayor and Council.
All unsuccessful, first-time applicants may reapply for membership one year from the date of receipt of his or her denial letter from either the Ambulance Corps Executive Committee or the Ambulance Committee of the governing body, whichever shall be the latter. An applicant that receives a denial letter for two consecutive years may not reapply for membership for 10 years from the date of receipt of his or her denial letter from either the Ambulance Corps Executive Committee or the Ambulance Committee of the governing body, whichever shall be the latter.
[Amended 6-9-2015 by Ord. No. 1501-15]
All members, except junior members, must be citizens of the United States and be 18 years of age or older. A minimum of 75% of the members eligible to vote must reside in the Borough of Emerson.
Business officers. Business officers shall consist of the President, Vice President, Secretary and Treasurer. Business officers shall be responsible for all activities of the Ambulance Corps, including maintenance of equipment, expenditure of funds and fundraising, except that they shall not be responsible for those activities directly related to the providing of first aid or emergency services, responsibility for which shall be limited to the line officers. All business officers must be residents of the Borough of Emerson, with the exception of the Secretary, and shall be elected in accordance with the constitution and bylaws of the Ambulance Corps.
Line officers. Line officers of the Ambulance Corps shall consist of Captain, First Lieutenant, Second Lieutenant and Third Lieutenant. The number of said officers, the election of said officers, the appointment of said officers and the duties of said officers shall be as established by the constitution and bylaws of the Ambulance Corps. The Captain shall be required to be a resident of the Borough of Emerson.
The election of officers shall take place as soon as practical after the adoption of this chapter. Thereafter, the election of officers of the Corps shall take place at the November meeting of the Corps by closed ballot, with no proxy voting permitted, and election to any office shall be by a majority of the votes cast for that office.
The officers so elected shall enter upon the duties of their offices on the first day of January following their election and shall serve for a period of one year and until their successors are elected and qualified.
Officers may be elected to succeed themselves; provided, however, that after an officer shall have served two consecutive full terms in one office, such officer shall not be eligible to serve again in that office until 12 months have passed, during which he/she shall not have held that office. Exception to this stipulation shall be that if no other member meets requirements of service or no other member chooses to apply for the officer position, then the incumbent may be reelected for another term subject to the approval of the Emerson Mayor and Council. The maximum service restriction shall not apply to the office of Secretary and/or Treasurer.
In the event of a vacancy in any office, the unexpired term shall be filled at the next regular meeting of the Corps, and each member of the Corps shall receive written notification at least 48 hours in advance advising of the vacancy and stating that the same shall be filled by election at such meeting. Elections to fill vacancies shall be by ballot in the manner described above respecting the election of officers at the annual election.
The powers and duties of officers shall be as established by the constitution and bylaws of the Ambulance Corps. Among the other duties assigned to the Captain, he or she shall report at least monthly to the Ambulance Committee, providing any and all information requested by said Committee related to the operation of the Corps.
The apparatus, equipment and funds of the Corps shall be used only for the purposes for which the Corps is established, including training purposes, and also including participation in parades and official ceremonies when authorized by the Ambulance Committee.
The members of the Corps shall be responsible for the care and operation of the apparatus and equipment and shall observe all Corps rules and regulations regarding such operation and care.
No member of the Corps shall tamper with apparatus or equipment, or fix or repair the same, unless so authorized by the Captain or, in his absence, the First Lieutenant or, in the absence of both the Captain and the First Lieutenant, the Second Lieutenant.
The acquisition of any apparatus or equipment, the making of any purchase or the entering into of any contract, the cost or contract price of which, in whole or in part, is to be paid with or out of public funds, shall be acquired, made or entered into only in accordance with applicable law and the Borough's standard purchasing procedures.
The Ambulance Corps shall provide to the Emerson Mayor and Council annually, or more frequently if requested to do so, a full report, audit and accounting of the status of all apparatus and equipment and a complete income and expense statement showing all funds received and expended during the period of the report.
In the event that the Captain feels that the actions of a member or members are in violation of the constitution, bylaws or standard operating procedures, or consist of actions or activities inappropriate for a member of the Ambulance Corps, the Captain may impose what he feels is a reasonable penalty, up to and including dismissal from the Corps. In the event that the penalty imposed by the Captain is objected to by the member, the member may file an objection with the Ambulance Committee. Said objection must be filed in writing with the Ambulance Committee, a copy to the Captain and a copy to the line officers within five days of notification to the disciplined member of the Captain's decision. After a hearing, the Ambulance Committee may reverse the decision of the Captain, modify the penalty or sustain the Captain's decision. Written notice of the Committee's decision must be provided within 15 days of the conclusion of the hearing. Any penalty of suspension or expulsion from the Ambulance Corps must be approved by the Emerson Mayor and Council.
For the purposes of hearing and deciding any appeal from the decision of the Captain, the Ambulance Committee shall include the Mayor, the Council Liaison and the Assistant Council Liaison. A majority vote of the Committee shall be required to reverse or modify the decision of the Captain.
Members of the Ambulance Corps shall adopt a constitution and bylaws not inconsistent with the terms and provisions of this chapter, which shall be subject to the approval of the Emerson Mayor and Council. Copies of any duly adopted and approved constitution or bylaws shall be filed with the Borough Clerk.
The Emerson Mayor and Council reserves the right to alter or amend the bylaws as it deems necessary.
Any officer in the Ambulance Corps may be removed from office at any time by the Emerson Mayor and Council for neglect of duty, or other just cause after charges thereof have been made and sustained, following a hearing before the Emerson Mayor and Council.
Members of the Ambulance Corps shall adopt a constitution and bylaws not inconsistent with the terms and provisions of this chapter. Within 90 days of the adoption of this chapter, the Ambulance Corps shall provide to the Emerson Mayor and Council a certified copy of its constitution and bylaws. At any time the constitution and bylaws are amended, said amendments must be provided to the Emerson Mayor and Council and approved by said Emerson Mayor and Council. The Emerson Mayor and Council reserves the right to amend portions of this chapter, even to the extent that they conflict with the constitution and bylaws as adopted by the Ambulance Corps, and in such event the constitution and/or bylaws shall be deemed amended in accordance with any ordinance which contradicts or modifies them.